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ATKINS v. USF DUGAN, INC.

No. 1:98CV00627.

106 F.Supp.2d 799 (1999)

Jay Gilmer ATKINS, Plaintiff, v. USF DUGAN, INC., Defendant.

United States District Court, M.D. North Carolina.

August 11, 1999.

Attorney(s) appearing for the Case

David Coventry Smith, Kilpatrick Stockton, L.L.P., Winston-Salem, NC, for Jay Gilmer Atkins, plaintiff.

John N. Taylor, Jr., Robinson & Lawing, Winston-Salem, NC, C. Ray Grantham, Jr., Robinson & Lawing, Winston-Salem, NC, M. Kathryn Webb, McDonald, Tinker, Skaer, Quinn & Herrington, P.A., Wichita, KA, Scott Sanders, McDonald Tinker Skaer Quinn & Herrington, Wichita, KA, for USF Dugan Inc., defendant.

MEMORANDUM OPINION

BEATY, District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant USF Dugan, Inc.'s ("Dugan" or "the Company"), Motion to Dismiss [Document # 13]. Plaintiff Jay Gilmer Atkins ("Atkins") has filed a Memorandum in Opposition to Defendant's Motion to Dismiss [Document # 12]. For the reasons stated herein, Dugan's Motion to Dismiss is granted in part and denied in part.

II. FACTUAL AND PROCEDURAL...

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